SENATE AMENDED
PRIOR PRINTER'S NOS. 288, 1574, 1790 PRINTER'S NO. 2186
No. 100 Session of 2003
INTRODUCED BY SCHRODER, BUXTON, BARD, BEBKO-JONES, BELARDI,
BELFANTI, BISHOP, BROWNE, CIVERA, CLYMER, CORNELL, COY, CRUZ,
CURRY, DAILEY, DALEY, DiGIROLAMO, EACHUS, FICHTER, FLICK,
FRANKEL, GEIST, GEORGE, GODSHALL, HARHAI, HARHART, HENNESSEY,
HERSHEY, JAMES, KIRKLAND, LEDERER, LEH, MANDERINO, MANN,
McILHINNEY, McNAUGHTON, MELIO, MICOZZIE, MUNDY, PAYNE,
PISTELLA, READSHAW, ROBERTS, ROSS, RUBLEY, SATHER, SAYLOR,
B. SMITH, STABACK, R. STEVENSON, STURLA, TANGRETTI,
E. Z. TAYLOR, THOMAS, TIGUE, TRUE, WATSON, WHEATLEY,
WOJNAROSKI, WRIGHT, YOUNGBLOOD, YUDICHAK, WEBER, JOSEPHS,
REICHLEY AND PICKETT, FEBRUARY 12, 2003
SENATOR MOWERY, PUBLIC HEALTH AND WELFARE, IN SENATE, AS
AMENDED, JUNE 24, 2003
AN ACT
1 Providing for the availability of and access to a comprehensive
2 trauma care system; and imposing powers and duties upon the
3 Department of Public Welfare.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Pennsylvania
8 Trauma Systems Stabilization Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Public Welfare of the
1 Commonwealth.
2 "Pennsylvania Trauma Systems Foundation." As defined under
3 the act of July 3, 1985 (P.L.164, No.45), known as the Emergency
4 Medical Services Act.
5 "Secretary." The Secretary of Public Welfare of the
6 Commonwealth.
7 "Trauma care." Medical services provided to a person with
8 severe multisystem or unisystem injury, which injury has the
9 potential to produce mortality or major disability.
10 "Trauma center." A hospital accredited as a trauma center by
11 the Pennsylvania Trauma System Foundation.
12 Section 3. Funding.
13 (a) Distribution.--
14 (1) Effective for fiscal year 2003-2004 and each year
15 thereafter, upon Federal approval of an amendment to the
16 Medicaid State plan, the department shall distribute annually
17 from funds appropriated for this purpose disproportionate
18 share payments to accredited trauma centers in this
19 Commonwealth to provide financial assistance to assure
20 readily available and coordinated trauma care of the highest
21 quality to the citizens of this Commonwealth.
22 (2) Effective July 1, 2004, and annually thereafter, the
23 secretary may evaluate the funds available and may make
24 appropriate adjustments based on the number of accredited
25 trauma centers and changes in the additional costs required
26 to operate an accredited trauma center.
27 (b) Funding.--The department shall seek to maximize any
28 Federal funds, including funds obtained pursuant to Title XIX of
29 the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.)
30 available for trauma care stabilization.
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1 (c) Payment calculation.--
2 (1) Payment to qualified hospitals shall be allocated
3 according to the following:
4 (i) Ninety percent of available funds shall be
5 allocated to hospitals accredited as Level I and Level II
6 trauma centers.
7 (ii) The remaining 10% to hospitals accredited as
8 Level III.
9 (2) Payment to each qualifying hospital accredited as a
10 Level I or Level II shall be calculated using data provided
11 by the Pennsylvania Trauma Systems Foundation as follows:
12 (i) Fifty percent of the total amount available for
13 Level I and Level II trauma centers shall be allocated
14 equally among each Level I and Level II trauma center.
15 (ii) Fifty percent of the total amount available for
16 Level I and Level II trauma centers shall be allocated on
17 the basis of each trauma center's percentage of medical
18 assistance and uninsured trauma cases and patient days
19 compared to the Statewide total number of medical
20 assistance and uninsured trauma cases and patient days
21 for all Level I and Level II trauma centers.
22 (3) Subject to the provisions of paragraph (4), payment
23 to each qualifying hospital accredited as a Level III shall
24 be calculated using data provided by the Pennsylvania Trauma
25 Systems Foundation as follows:
26 (i) Fifty percent of the total amount available for
27 Level III trauma centers shall be allocated equally among
28 each Level III trauma center.
29 (ii) Fifty percent of the total amount available for
30 Level III trauma centers shall be allocated on the basis
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1 of each trauma center's percentage of medical assistance
2 and uninsured trauma cases and patient days compared to
3 the Statewide total number of medical assistance and
4 uninsured trauma cases and patient days for all Level III
5 trauma centers.
6 (4) Payment to each qualifying hospital accredited as a
7 Level III may not be greater than 50% of the average
8 Statewide annual payment to a Level II trauma center as
9 determined in the methodology described in paragraph (2).
10 Section 4. Reporting.
11 (a) General rule.--The department shall annually report to
12 the Public Health and Welfare Committee of the Senate and the
13 Banking and Insurance Committee of the Senate and the Health and
14 Human Services Committee of the House of Representatives and the
15 Insurance Committee of the House of Representatives on the
16 trauma centers funded under this act.
17 (b) Contents of report.--The report shall identify the
18 trauma centers receiving funds, the amount received, the number
19 of persons served and any other information that should be
20 brought to the attention of the General Assembly on the
21 availability of trauma care services to the citizens of this
22 Commonwealth.
23 Section 5. Standards for Level III trauma centers.
24 (a) General rule.--The Pennsylvania Trauma Systems
25 Foundation shall establish standards for and accredit Level III
26 trauma centers. The standards shall provide that Level III <--
27 trauma centers at a minimum must meet BE BASED UPON the current <--
28 guidelines for trauma centers as defined by the American College
29 of Surgeons.
30 (b) Letter of intent required.--To qualify for funds under
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1 this act eligible hospitals must provide a letter of intent to
2 the secretary and the Pennsylvania Trauma Systems Foundation to
3 apply for accreditation within 180 days of the effective date of
4 this act.
5 (c) Definition.--For purposes of this section and until the
6 Pennsylvania Trauma Systems Foundation establishes Level III
7 standards, a trauma center is defined as a hospital with
8 comprehensive emergency services according to the Department of
9 Health's annual licensure survey as of June 30, 2002, located in
10 a county without an accredited Level I or Level II trauma center
11 and not within 25 miles travel distance from a Level I or a
12 Level II trauma center.
13 SECTION 6. REVIEW OF LEVEL III TRAUMA CENTERS. <--
14 WITHIN FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, THE
15 PENNSYLVANIA TRAUMA SYSTEMS FOUNDATION SHALL REASSESS THE IMPACT
16 OF LEVEL III TRAUMA CENTERS IN PENNSYLVANIA WITH RESPECT TO
17 PATIENT OUTCOMES AND THE IMPACT OF LEVEL III TRAUMA CENTERS ON
18 THE TRAUMA SYSTEM AS A WHOLE. THE REPORT WITH RECOMMENDATIONS
19 SHALL BE FORWARDED TO THE SECRETARY OF HEALTH, THE PUBLIC HEALTH
20 AND WELFARE COMMITTEE OF THE SENATE AND THE HEALTH AND HUMAN
21 SERVICES COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
22 Section 6 7. Effective date. <--
23 This act shall take effect immediately.
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